San Antonio Misdemeanor Attorneys
Caring and Devoted Professionals in Your Corner
At the Krause Law Firm, we prioritize our clients’ well-being as we help them navigate their legal issues. First and foremost, we will work towards a dismissal of your misdemeanor charge, but we will not shy away from trial. We are an ethical, experienced, and empathetic law firm dedicated to your San Antonio defense.
What Is Considered a Misdemeanor?
A misdemeanor is a criminal charge that involves less serious offenses than those at the felony level. Misdemeanor crimes are much more common than felony charges, and some common types of misdemeanor offenses in Texas are:
- small amounts of drug possession;
- petty theft;
- first-offense DWI;
- disorderly conduct;
- possession of certain weapons.
In most cases, misdemeanor level charges will be assigned to crimes that do not involve violence or a high degree of property loss or damage. Sentencing happens upon conviction and is most often decided by the judge for the case, though at times, juries may suggest sentencing measures for the judge to consider.
3 Classes of Misdemeanors
Punishments for misdemeanor will not result in imprisonment in a state penitentiary. Instead, the punishment will likely include up to $4,000 in fines and/or imprisonment in county jail or even house arrest.
Texas categorizes misdemeanor charges into 3 different classes with varying degrees of punishments. Class A misdemeanors are the most serious misdemeanor charges and carry a punishment of up to 1 year in county jail and a fine of up to $4,000. Class B misdemeanors are punishable by 180 days in a county jail and a fine of up to $2,000, and Class C misdemeanors, the least serious level of misdemeanor, does not carry any jail time but could call for a fine of $500.
Note that when a crime is committed, Texas’ statute of limitations begins to “run,” which sets in motion a period of time in which someone can begin criminal prosecution. A misdemeanor in Texas typically has a limitation period of 2 years; any case brought forward after 2 years will likely not be heard by the court.
In certain circumstances, such as repeat offenses, Texas might provide special sentencing. If a person is a repeat offender (has been convicted of a Class A misdemeanor previously), they will face a mandatory minimum sentencing of 90 days in a county jail for a subsequent Class A misdemeanor offense. If the repeat offense is a Class B misdemeanor, the individual will face a minimum sentence of 30 days in jail. If drugs or controlled substances were involved in the alleged crime, Class A misdemeanor charges will include a 180-day mandatory minimum.
Certain individuals can seek to vacate or expunge their criminal record, a process that occurs either after an arrest, an acquittal, or a dismissal. However, to be eligible for expunction, a person must not have any current criminal charges or proceedings outstanding against them. Generally, individuals charged with a Class C misdemeanor must wait 180 days from the date of arrest before filing for expunction, and those charged with Class A and B misdemeanors must wait 1 year. Alternatively, a person can petition for an order of nondisclosure that might include completing community supervision or other court-mandated programs.
Let an Experienced Misdemeanor Lawyer Advocate for You
If you have been charged with a misdemeanor in San Antonio, consult a team of experienced and understanding lawyers to advocate for your side. Our team at the Krause Law Firm are a personable and caring lawyers with significant experience defending clients charged with misdemeanors.